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When can I get a divorce?

In order to get a divorce you need to have been married for more than twelve months.  You will also need to show that the marriage has broken down.
 
To prove that the marriage has broken down you will need to show one of the following:

Adultery

You do not need to know the identity of the person that your spouse has committed adultery with and you do not need to name them on the Divorce Petition.  However, if your spouse denies the adultery then you may be requested to prove it.  This can be very difficult and for this reason divorce petitions based on this ground do not always succeed. 

Unreasonable Behaviour

You will be asked to give examples in the divorce petition about your spouse's unreasonable behaviour.  You must also state why this has made it difficult for you to continue living with them.  You may use adultery as an example and you would not need to prove the adultery.  This may be a better option than relying on adultery as the only ground.

2 Years Desertion

You will need to supply the date of when your spouse left you and show that you have not heard from your partner since that date.  You cannot start divorce proceedings until your spouse has been left for two years.

2 Years Separation

In order to use this ground for divorce your spouse must agree to the divorce.  You will need to put the date of the separation on the divorce petition and state briefly the reason for the separation.  If you do not know the exact date of the separation you can give an approximate date as long as it can be clearly shown that two years have passed.

5 Years Separation

You do not need your spouse's consent to divorce on this ground.  This ground is therefore useful if you know that you will have difficulty getting your spouse's consent.  You will need to give details of the date of the separation and brief reasons why you separated.
 

Starting divorce proceedings

Step by step divorce procedure

The Applicant's solicitors (or the applicant) send the Divorce Petition, with the court fee and the marriage certificate, to the court.  If you have children, the Divorce Petition should be accompanied a statement about the arrangements for children.
 
The court will register the case, process the papers and send copies of the Petition, the statement of arrangements for children and an Acknowledgement of Service form to the Respondent or the Respondent's solicitors.
 
The Respondent or their solicitor will fill in the Acknowledgement of Service form, stating that the papers have been received and read and that the divorce is not being contested.
 
The Acknowledgement of Service is filed by the court and a copy of the completed form is sent to the Applicant or the Applicant's solicitor.
 
The Applicant's solicitor or the Applicant prepare an Affidavit (a sworn statement) stating on oath that the contents of the Divorce Petition are true. The Solicitor or the Applicant then file the Affidavit at court along with a form requesting that the divorce papers are considered with a view to granting the decree nisi.
 
The District Judge considers the filed papers and decides whether a decree nisi should be granted.  If the Judge decides that the decree nisi should be granted then both parties are notified by the Court of the date and time when the decree nisi will be announced in court.
 
The court pronounces the decree nisi.  It is not necessary for anyone to attend court on this date as it is simply a formality.
 
A sealed copy of the decree nisi is sent to both parties or their solicitors.
 
Six clear weeks after a decree nisi has been granted the Applicant or their solicitor can apply for a decree absolute.  If no application is made the Respondent can apply for a decree absolute three months from the date of the decree nisi.  If no application for a decree absolute has been made within one year the Applicant must explain the delay to the court who then have a discretion to grant or refuse it.
 
The court sends the sealed decree absolute to both parties or their solicitor.  The marriage has now officially ended.

Can I get my marriage annulled?

Under certain circumstances you may be able to have your marriage annulled.  You must apply to annul the marriage within a reasonable period of time, in some cases this will be three years.  There is no requirement to have been married for twelve months.
 
Examples of when you may seek an annulment of your marriage are:
 
  • The marriage has not been consummated.
  • At the time of marriage your spouse was already married to someone else.
  • One of you was under 16 years of age when you get married.
  • You have married a close relative.
  • Your spouse had a venereal disease at the time of marriage and they knew about it but you didn't.
  • Your spouse was pregnant with another person's child at the time of the marriage and they knew about it but you didn't.

Help and advice

Where can I find legal advice?

To find a solicitor in your area you can search the Yellow Pages.  
 
Yellow Pages
 

Can I get help with legal fees?

The legal help scheme helps people with a low income to get free legal advice and assistance.  You can get help from the legal help scheme with an undefended divorce, maintenance or disputes over children.  

The legal help scheme covers three hours work by a solicitor, however, the solicitor can apply for an extension to finish the work under the scheme.

To be eligible for the scheme you must have a gross monthly income of under £2,000 and capital of under £3,000.  If you have a partner, his/her income and capital may be taken into consideration.

If you are claiming Income Support of Income-based Jobseekers Allowance you will be eligible for the scheme.  However, if you are not on either of these benefits you may still be eligible for help. Your eligibility will depend on your disposable income, that is the amount of income you have left after deductions have been made for tax, national insurance and deductions for any dependents.
 
For further information about this scheme visit the government's legal services page http://www.legalservices.gov.uk/

Can I do the divorce myself?

Yes, it is possible to do your own divorce without needing to consult a solicitor.  However, it should be noted that a do it yourself divorce should only be undertaken if both parties are in agreement about all matters. 

The forms can be obtained from your local county court.  You will also be able to obtain guidance notes for filling in the forms.

The Court Service have provided a range of leaflets that you can download, that cover a range of issues dealing with divorce.  http://www.courtservice.gov.uk/
 

Is there any financial help available to me?

You may be able to claim some benefits now that your circumstances have changed.  The rules for most benefits and tax credits are the same if you are separated or divorced as they are for other people who are single.

For more information about the benefits you may be entitled to, please visit the Department for Work and Pensions website.
http://www.dss.gov.uk/

What about mediation?

Mediation offers separating and divorcing couples the opportunity to resolve matters regarding the future by negotiating with each other with the help of a trained mediator.  The mediator will ensure that both parties get a fair and equal say.  

The sort of things that you may discuss in mediation are:

  • Who the children will live with and access arrangements for the other parent.  How you will make decisions about the children in the future.
  • How the family assets are going to be divided, the family home, pensions, maybe a business.
  • How each member of the family is going to be financially supported in both the short term and the long term.

Mediation will not help you to get back together.  Couples go to mediation when they have reached the decision that the relationship has irretrievably broken down and they need help to focus on the future.

Children and divorce

NCH is a charity that aims to provide help and support to vulnerable children and young people.  One of the services they provide is child-focused mediation.
 
A website produced by NCH is aimed specifically at children and teenagers whose parents are splitting up.  The website is designed to help children understand the situation, and to feel better about it.